Terms of Use | Effective 5/15/2014

Welcome to School 4 One! Our iPad application (the “Application”) empowers educators to take control of the digital classroom by allowing teachers to create, share, and assess educational content. These Terms of Use and our Privacy Policy (the “Terms”) govern your use of this Application. Please read these Terms carefully. By using this Application, you agree to be bound by these Terms. If you do not consent to these Terms, please do not use this Application.

1. Who Can Use School 4 One

You may use this Application only if you can form a binding contract with bNapkin Inc. and if you agree to these Terms. Any use of this Application by persons under the age of 13 is prohibited without parental consent.

2. Creating An Account

Creating a School 4 One account will allow you to login to the Application and gain access to features such as the ability to access online school assignments, correspondence with teachers and students, sharing of academic resources, and other features. Registration will require you to provide personal information including your name, email, school, teacher and password.

Each person, school, or company may create only one School 4 One account, and you must provide us with accurate and complete information at the time of registration. Failure to do so may constitute a breach of these Terms, which could result in the termination of your account. You can update, modify, or delete the information in your account at any time.

It is your responsibility to maintain your account and keep it secure. If you feel that your account security has been compromised please contact us immediately. You agree that School 4 One is authorized to comply with instructions received by you or your account, but is not obligated to, and may deny access or block any transaction made through the use of your account if we believe your account is being used by someone other than you.

3. Acceptable Usage of the Application

School 4 One reserves the right, but is not obligated, to monitor your use of the Application to ensure compliance these Terms or our Privacy Policy.

When using the Application all students agree:

• To use the Application as intended by your teacher or school and for no other purposes;

• To access the Application using the access code given to you by your teacher and not use any other access codes;

• To use the Application responsibly and not for any form of academic dishonesty;

• You will get your parent or legal guardian to read the terms and consent if you are under the age of 13 years old;

When using the Application all teachers and academic administrators agree:

• That you are responsible for complying with COPPA and have received parental consent for all minor students under the age of 13;

• That you will provide us with verifiable parental consent for any student upon request;

• That the parents of all students who will use the Application will be provided with a copy of this Privacy Policy and information about how the course will use this Application;

• That all educational content produced and shared publicly via the Application will be considered Licensed Educational Content and the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License Agreement shall apply.

When using the Application all users agree:

• To fully read and comply with these Terms;

• To use the Application as intended by your school district and for no other purposes;

• Not to use the Application in a way that creates a risk of harm, injury, emotional distress, death, disability, or physical or mental illness to any person or entity;

• Not to use the Application in a way that infringes on the intellectual property rights of School 4 One, or any other person or entity;

• Not to post any user content that contains any information that is illegal, fraudulent, false, misleading, deceptive, disparaging, offensive, or otherwise objectionable;

• Not to access, tamper with, hack, or use non-public areas of the Application, including taking any measures to avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by School 4 One to protect the Application;

• Not to access, scrape, upload, or download user content through the use of any engine, software, tool, agent, device, mechanism, automated scripts, spiders, robots, crawlers, data mining tools, or any other software;

• Not to send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, or other form of solicitation;

• Not to use the Application for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by these Terms;

• Not to decompile, disassemble or reverse engineer any of our software or Application;

• Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, or spamming;

• Not to collect or store any personally identifiable information from the Application or from other users without express permission;

• Not to violate our Terms or any other applicable law or regulation, and not to encourage or enable any other individual to violate our Terms or to do any of the activities prohibited by these Terms.

4. User Content

You acknowledge that: (i) you own and are solely responsible for the content that you submit, post, or transmit (ii) that the content is accurate and consistent with the purpose of the Application (iii) that use of the content you supply does not violate these Terms, (iv) that the content will not cause injury to any person or entity, and (v) that you will indemnify School 4 One and its affiliates for all claims resulting from content you supply.

You grant School 4 One a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, and display your content for the purposes of operating the Application.

5. Our License to You

School 4 One grants you a limited, non-exclusive, non-transferable, revocable license to use our Application in accordance with these Terms and our Privacy Policy. We may permanently or temporarily terminate or suspend a user’s account without notice for any reason, including if, in our sole determination, a user violates any provision of these Terms, or for no reason at all.

6. Licensed Educational Content

All lessons, videos, exercises and other educational content made publicly available through the Application shall be considered Licensed Educational Content and therefore treated as public property. This property may be stored in our database of Licensed Educational Content for future use in accordance with these Terms and the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License Agreement. You agree that by sharing or accessing such educational content these terms shall apply.

7. Privacy Policy

For information about our policies and practices regarding the collection and use of your personal information please read our Privacy Policy. School for One’s Privacy Policy is part of these Terms, therefore, by using the Application you also agree to our Privacy Policy.

8. Intellectual Property

This Application and the educational content provided herein is protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Application solely for your personal and non-commercial use.

School 4 One and the School 4 One logo are trademarks of bNapkin Inc. You may use these trademarks to identify our products and services so long as: (i) your use of our trademarks complies with these Terms; and (ii) you agree not to use our trademarks in any manner that infringes upon bNapkin’s intellectual property rights.

9. Third-Party Links

The Application may contain links to services and other materials that are not owned or controlled by School 4 One. We do not endorse or assume any responsibility for any such third-party links, information, materials, products, or services. If you access any third party service or other content from this Application, you do so at your own risk and you agree that School 4 One will have no liability arising from your use of the third-party application, service, or content.

10. Disclaimers

SCHOOL 4 ONE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

This Application is provided on an “as is” basis without warranty of any kind, whether express or implied. Our Application is controlled and operated from the State of New York in the United States, and we make no representations that it is appropriate or available for use in other locations.

School 4 One takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or transmits using our Application.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCHOOL 4 ONE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SCHOOL 4 ONE’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in New York or a United States District Court located in New York, for any actions not subject to arbitration.

13. Arbitration

For any dispute you may have with School 4 One, you agree to first contact us and attempt to resolve the dispute with us informally. If School 4 One is not able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and School 4 One agree otherwise, the arbitration will be conducted in New York County in the state of New York. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to our Application.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, class action, or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you are waiving the right to a jury trial and the right to participate in a class action.

14. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of your use of the Application or these Terms must be filed within one (1) year after such claim arose.

15. Separate Agreements

You may have other agreements with School 4 One in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with School 4 One.

16. Notification of Changes

School 4 One reserves the right to change these Terms from time to time at its sole discretion. If changes are made to these Terms, your continued use of the Application indicates your consent to the Terms as posted.

17. Contact Information

If you have any questions or concerns regarding these Terms please contact:

bNapkin Inc.
175 Varick St.
New York, NY 10014